The plaintiff claimed over AUD12 million in damages against several defendants (including the ATO and Commonwealth prosecutors) for the alleged torts of malicious prosecution and misconduct in public office and various other relief. The defendants applied for summary judgment, to permanently set aside parts of the plaintiff’s claim, and to strike out the statement of claim.
Scott McLeod QC and Matthew Wilkinson appeared for the first to seventh defendants (the Commonwealth defendants), instructed by the Australian Government Solicitor, who successfully applied to set aside parts of the plaintiff’s claims permanently and to strike out other parts of the statement of claim.
The judgment is available here.